Maintenance for dependant

[Bommagani]

Hi ,
I am on Tier 2 Visa .I had applied for Divorce in India but unfortunately my wife has returned to UK suddenly as she have valid visa till december.We are living here seperatley .Do I need to pay her for her maintenance ?

Thanks,
Bommagani

[Wanderer]

Hi ,
I am on Tier 2 Visa .I had applied for Divorce in India but unfortunately my wife has returned to UK suddenly as she have valid visa till december.We are living here seperatley .Do I need to pay her for her maintenance ?

Thanks,
Bommagani

If she's no longer your dependent then she's in the UK illegally. Not your problem, just let UKVI know.

[Bommagani]

She is still my dependant as we are not legally seperated yet .Divorce case is in INDIAN family court .So do i need to pay any maintenance for her ?

[Wanderer]

She is still my dependant as we are not legally seperated yet .Divorce case is in INDIAN family court .So do i need to pay any maintenance for her ?

Are you supporting her?

[Bommagani]

She came on a dependant visa when we were on good terms .I did not understand what you mean

[Wanderer]

She came on a dependant visa when we were on good terms .I did not understand what you mean

Actually I'm not sure! To me 'dependant' means financial but suppose in these cases it means that and relationship too. In either case it's my opinion she is no longer your dependant if you have split up so she has no right to be here and assuming no kids you are under no obligation to support her.

[Bommagani]

Thanks for your help

[secret.simon]

I do not believe that you are legally obliged to pay her maintenance, unless the Indian family court decides otherwise. If the Indian court were to order maintenance, it would be prudent to make such payments as ordered.

You may also wish to consider whether there are any social obligations, arising from tradition or custom in India, that suggest that you provide for her. That is not a legal obligation, but something that your family in India may advise you of better.

You may also wish to inform the Home Office that your relationship has irretrievably broken down and that the subsisting relationship is at an end. The spouse visa is given on the basis of the subsisting relationship and if the relationship breaks down, the visa can be curtailed by the Home Office.

[Bommagani]

Thanks for the reply Simon